ANU Conferences

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This collection includes proceedings and/or papers of conferences held at, or hosted by, the Australian National University. Many of the works are authored by researchers from other institutions.

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Pacific Trade and Development : Papers and Proceedings of a conference held by the Japan Economic Research Center in January 1968
(The Japan Economics Research Center, Tokyo, 1968) Pacific Trade and Development Conference; Kojima, Kiyoshi
The Japan Economic Research Center held an international conference from January 9 through 13, 1968 on the subject of "Pacific Trade and Development". Contained in this book are the papers and proceedings of the conference. Trade policies in the Post- Kennedy Round world are fluid and searching for new direction. The devaluation of the pound sterling and its effect on gold and the dollar were a severe shock for the Pacific countries. A restructuring of European trade can be anticipated. The North-South problem is soon to be debated again in New Delhi. At this time, there seems an urgent need to promote Pacific economic cooperation, to develop measures for expanding trade among Pacific countries , and to promote trade and aid for developing countri es in Asi a and Latin America. The fluidity in world trade policies and the uncertainty in world trade and monetary arrangements serve to emphasise the urgency of this task. The conference was originally planned with a very humble desire to promote keener interest in economic development and trade expansion among countri es in the extended Pacific area, including Asian and Lati n American developing countri es . These countries have huge potenti al for future development. The importance of this potential has tended to be neglected in the past. At the end of very intensive and fruitful discussions which ranged over a wide area of trade and ai d problems i n the extended Pacific area , we are full of enthusi asm and confidence that it is really worthwhile to study further and deeply the feasibility, as well as difficulties, of the establishment of a Pacific Free Trade Area . Our studies should certainly stimulate, within 3 or 5 years, moves by nations around Pacific Basin towards closer economi c cooperation . This would benefit not only trade expansi on among advanced countries but also for the economic development of Asian and Lati n American developing countries due to the joint aid efforts which could be more effectively realized through the closer partnership of advanced Pacific basin countries. As indicated in the final communique issued by the conference, our study should be continued, and our study should be academic and free from various pressures except truth. Our study is, however, policy oriented, and, it is hoped, the results of our study will contribute to policy-making for the benefit of nations in the extended Pacific area. Finally, we would like to express our sincere thanks to the members of the secretariat and others who made the meeting so successful.
Open Access
Pacific Trade and Development II : Papers and proceedings of a conference held by the East-West Center, Honolulu in January 1969
(The Japan Economic Research Center Tokyo, 1969) Pacific Trade and Development Conference; Kojima, Kiyoshi
The Second Conference on Pacific Trade and Development was held at the East-West Center from 8th through 11th January 1969 both to follow-up the results of the first conference held in Tokyo, January 1968, on the Pacific Free Trade Area scheme and also to discuss the trade and aid relationships of the Asian developing countries with the advanced Pacific countries. Contained in this book are the papers and proceedings of the conference. International trade and monetary policies in the Post-Kennedy Round world and the Nixon Government era are in a fluid state groping towards a new direction. Also the results of the Second United Nations Conference on Trade and Development last spring point to the conclusion that a new design for expanding trade and for accelerating economic development both within and between advanced Pacific countries and Asian developing countries must be put into practice. Really, the expansion of trade and the promotion of economic development with closer cooperation in this Pacific and Asian region which has a huge potential should be a critical focus for the world which finds itself in a trade and monetary turmoil. A number of useful proposals to meet these ends were thrashed out in the conference. Several difficulties in realizing them were also envisaged and everyone was well aware that further studies would have to be undertaken. As indicated in the communique issued by the conference, our study should be continued. Our academic studies, I am confident, will throw light, gradually but steadily, upon pragmatic policies of the governments and business circles concerned. I am deeply grateful to all the participants and the Hawaii Committee who have worked so hard and who have created a new design for the economic development of the Pacific/ Asia region.
Open Access
Proceedings of the Fourth Pacific Trade and Development Conference : Obstacles to trade in the Pacific area
(School of International Affairs, Carleton University, Ottawa, Canada, 1972) Pacific Trade and Development Conference; English, H. E.; Keith, A. J. Hay
The Fourth Pacific Trade and Development Conference was held in Ottawa, Canada, on October 7 to 10, 1971. The Conference program was outlined in the late summer of 1970, but it proved particularly topical in the wake of the currency and trade crisis following August 15, 1971. Although the realignment of currencies agreed in December has eased international monetary relationships, trade problems remain. Especially in the Pacific area, the potential of trade as an engine of economic growth and as a basis for constructive political relationships is difficult to overemphasize. The mutuality of interests in international trade between the developed countries of the region is well known. Of increasing importance is the export potential and performance of developing countries in South and East Asia. The future record of industrially advanced countries in reduction or control of barriers to trade affecting developing countries' exports will test the sincerity of many who have professed to favour the liberalization of trade as a stimulus to development. The willingness and ability of developed countries to adjust their industrial structure will be the major theme of the Fifth Trade and Development Conference scheduled for Tokyo in January, 1973. The Canadian host committee of the Fourth Conference in releasing the proceedings of the Conference wish to express appreciation to all those who have made possible the success of the Conference and the preparation of this volume. In particular, we wish to thank the public and private financial supporters in Australia, Canada, Japan, and the United States whose assistance has been essential. We also wish to thank those students, faculty, and staff members at Carleton who helped with local arrangements and the editing and preparation of the proceedings. The main responsibility for the latter task rested on Tom Burlington, who has recently gone to Japan to take up employment with the International Development Center of Japan.
Open Access
Papers and Proceedings of the Fifth Pacific Trade and Development Conference: Structured adjustments in Asian Pacific trade
(The Japan Economics Research Center, Tokyo, 1973) Pacific Trade and Development Conference; Kojima, Kiyoshi
The Fifth Pacific Trade and Development Conference was held in Tokyo from 9 to 13 January, 1973 to further the objectives of the Conference series. The first Conference in this series was held in Tokyo in January 1968; the second in Hawaii in January 1969; the third in Sydney in August 1970; and the fourth in Ottawa in October 1971. The Pacific Trade and Development studies are establishing their own influence upon trade and development policies in Pacific basin countries. This book contains the papers and proceedings of the Fifth Conference, discussion at which focussed on issues related to the development of a new world economic order and structural adjustment in Pacific trade. In the coming year, a good many of the uncertainties in the international monetary and trading system that have now appeared are likely to continue. Planning a new order for the international economy, in which steady growth and adjustment is encouraged, deserves high priority. Structural adjustment and adjustment assistance policies appear to be a basic pre-requisite to the monetary re-alignnents that now have to take place, as well as to continuing the trade liberalization that is essential to the dynamic expansion of Asian-Pacific trade anong developed and developing countries alike. The book covers three broad subjects. The first part deals with "monetary re-alignments and trade adjustment in the world economy." Professor Hamy G. Johnson was expected to introduce the general issues involved in trade adjustment and monetary reform. Due to his illness this was not possible. Thus Mr. Royer and Professor Ishikawa introduced the problem as it affects the Asian-Pacific economies by analysing the impact of the enlarged European Community and China on this region's trade structure and trade growth. The second part focusses on export growth in Asian developing countries--its role in developrnent and employment progranunes. One paper analyses overall problems of the entire developing world from the viewpoint of industrialization policy. Two other papers deal with areal trade and adjustment problems in East and Southeast Asia. Another paper looks at the Latin American economies. The economic development of developing countries depends very much upon their export growth, but this poses problems both of shifts in policies from import-substitution to export promotion, and determination of proper industrial priorities for export. In turn this depends, not just on comparative advantage but on foreign trade prospects and barriers. Thus there is an important interaction between development and trade policies in developing countries with trade policies and structural adjustments in developed countries. Past experience, future prospects and difficulties are explored. The third part deals with adjustment assistance policies in developed countries: Japan, Australia, New Zealand, the United States and Canada. The future structure of world trade are drawn out by each writer in order to set the position of each country in perspective. Structural adjustments are required both to harmonize trade with advanced countries and to expand trade with developing countries. Adjustment assistance policies are required not only for contracting i nefficient sectors but also for developing efficient and export sectors. How overall unemployment can be cured is another problem which relates directly to the degree of flexibility and cost of adjustment programmes. Successful and unsuccessful experience of structural adjustments and structural adjustment policy is analyzed. As indicated in the Surnnary by Professor Hugh Patrick and the Communique issued by the Confe rence, there was intensive discussion at the Conference, but some urgent policy priorities were agreed upon in the search for a new world economic order and the successful structural adjustment of Asian-Latin American- Pacific trade.
Open Access
Papers and Proceedings of the Sixth Pacific Trade and Development Conference : Technology Transfer in Pacific Economic Development
(The Japan Economic Research Center Tokyo, 1975) Pacific Trade and Development Conference; Kojima, Kiyoshi; Wionczek, Miguel S
The Sixth Pacific Trade and Development Conference was held in Mexico City from 15 to 20 July, 1974 to search for a new objective for the conference series. The first conference in this series was held in Tokyo in January 1968 ; the second in Hawaii in January 1969 ; the third in Sydney in August 1970; the fourth in Ottawa in October 1971; and the fifth again in Tokyo in January 1973. The conference started with a very simple premise. That is we people in the extended Pacific area, including Latin America and Asian developing countries, should pay keen attention to economic devel opment and trade expansion among our neighbours who have huge potential for future development. This potential has tended to be neglected in the past. Fortunately, since our conference series started, the Pacific trade and development studies have established their influence upon trade and development policies in the Pacific-Latin American-Asian region. We held this year's Conference for the first time outside the more advanced Pacific countries, in Mexico City, one of the most thriving centers in the less industrially developed nations. The Pacific trade and development studies have always to search for a new direction, especially in the present uncertainties in the international monetary and trading system after the oil crisis. The new direction should be the acceleration of modernization and industrialization of developing economies, including the oil producing areas. Technology transfer, foreign direct investment, trade, and even oil money will play a critical role if they are utilized appropriately. This book contains the papers and, proceedings of the Sixth Conference, discussion at which focussed on those important issues. "The role of technology transfer in Pacific economic development," the theme we chose for the Mexican conference, was a topic of wide interest in Latin America and a large number of experts partici pated in the conference from various parts of that region. Unfortu~ nately the book was not able to include two or. three papers for either they were written in Spanish or not presented to but came after the conference. Also we missed comments from some papers, and the summary of discussion for all papers mainly due to language difficulties. We have to apologize to those contr ibutors. However, all of them will be taken up in a Spanish- language version of this book which will be published somewhat later by the Mexican Organizing Committee. Finally, we are deeply grateful to all the participants, Consejo Nacional de Ciencia y Tecnologia and El Colegio de Mexico who made possible the success of the conference. We are also indebted to the Government and business circles in Mexico and the Asia Foundation for their financial support to the conference.
Open Access
Papers and Proceedings of the Seventh Pacific Trade and Development Conference : Co-operation and development in the Asia/Pacific region, relations between large and small countries
(The Japan Economic Research Center Tokyo, 1976) Pacific Trade and Development Conference; Castle, Leslie V; Holmes, Sir Frank
The Seventh Pacific Trade and Development Conference was held in Auckland, New Zealand from 25 to 28 August, 1975. Previous conferences in the series had been held in Tokyo (1968), Hawaii (1969), Sydney (1970), Ottawa (1971), Tokyo (1973) and Mexico City (1974). Each has contributed in a different way to informed discussion of trade and development problems and policies of vital concern to countries of the Pacific Basin .Publication of the major papers and of summaries of the discussions have proved helpful to policymakers and students throughout the region.Accordingly, it was decided that the papers and proceedings of the Seventh Conference should be published in a similar format to that used for the two preceding conferences, and thanks are due to the Japan Economic Research Center for making their facilities available for this purpose. The countries of the Pacific Basin differ, not only in their political, social and economic systems, but also in size. With this conference being held in a country of relatively small population, which in turn has especially close relations with island nations of even smaller scale, it seemed timely for attention to be given to what effects on co-operation and development in the region flow from the differences in size of its component parts. Accordingly, the theme of the Seventh Conference was "Relations between Large and Small Countries". After two sessions exploring the issues generally, selected case studies of dependent countries in Latin America, South East Asia and the South Pacific were discussed. Development assistance was then considered from the viewpoints of both donors and recipients. Japan and Papua New Guinea provided the basis for consideration of foreign investment from the perspective of both home country and host country. Finally, this Conference broke new ground in the series by considering the topical problem of cooperation in the development of marine resources. The Conference was sponsored by the New Zealand Association of Economists (Inc.), organised by a New Zealand committee, and administered by the Center for Continuing Education of the University of Auckland.Financial assistance was provided by the New Zealand Government and by the Asia Foundation. We should like to express our gratitude to all those who assisted with sponsorship, organization, administration and finance, as well as those who presented papers and participated in the discussions.
Open Access
Proceedings of The Ninth Pacific Trade and Development Conference : Mineral Resources in the Pacific Area
(Federal Reserve Bank of San Francisco, 1978) Pacific Trade and Development Conference; Barry, Barbara; Rusk, Karen
The Ninth Pacific Trade and Development Conference, held at the Federal Reserve Bank of San Francisco on August 22- 26, 1978, was directed to the theme of development and trade in mineral resources among the nations in the Pacific region. Some 40 policy- oriented academic and business economists, and government and central bank officials acting in their private capacities, participated in the conference . They came from a number of resource- rich and resourcepoor Pacific Basin countries -- including North America, Latin America, Oceania, Southeast Asia, and Northeast Asia -- and represented a wide range of expertise and viewpoints.
Open Access
Constitutional amendments, a brief note on Indonesia's case.
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Tobing, Jakob
[Conclusion]: At this stage, it is already apparent that the amended constitution has guaranteed the civil participation in political life and the human rights. And, it is valuable to note that although the debates were in depth and serious, MPR has decided all amendments in unison and that all amendments have been officially enacted. As mentioned before, the time limit to complete the amendment process is the MPR Session in year 2002. There are still some important topics to decide, such as the composition of MPR (article 2 clause 1), on religion (article 29), on education (article 31), on social well being (article 33) and on the alteration procedures of the constitution (article 37). But it seems that those topics are not as complicated as the other topics that have been settled. However, we will continue our effort to involve the public in the whole amendment process. While in the past we had an experts team from various backgrounds of academic skills to assist the Ad Hoc I Committee, the Committee plans at least to organize another series of public hearings with the academic community, NGOs and others. We also will organize discussions in every district, as well as in Jakarta and provinces capitals as we did before, both to encourage the participation of the public in the process and to disseminate the outcomes of the previous amendments. Well still need supports from international organizations and from other countries. Considering the topics to be finalized, the spirit that has been shaped among the members of MPR, and the ample time the MPR still have until the 2002 annual session, we are optimistic that this amendment process, at the end of the day, will produce a comprehensive, democratic, and workable constitution, as desired. .
Open Access
Human rights and the Malaysian constitution examined through the lens of the Internal Security Act 1960
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Tan, Poh-Ling
[Introduction]: With its ethnic, cultural and religious diversity, Malaysia is typical of countries in South-East Asia. Although there are 16 major ethnic groups and 48 minor ethnic groups in the country, official statistics list the main people groups are the Malays and indigenous people (65.1%) Chinese (26%) and Indians (7.7%). The country's pluralist society arises both from a slow filtering of people probably from south western China into south east Asia dating from 2500 BC and policies of the British colonisers in the mid-19th century. Among the factors which sets this country apart from its neighbours is that the ethnic and religious identity of the Malays, its main group, is enshrined in the Constitution. The constitutional definition of this group as persons who profess the religion of Islam, habitually speak the Malay language and conform to Malay custom is evidence that Islam is considered an integral part of the Malay persona and a questioning of one part is considered an attack on the other, leading to a heightened sensitivity. In addition, this main group does not form an overwhelming majority of the population. In spite of the relative balance between groups, communalism is a distinct factor in the nations political and economic institutions. The ruling coalition, known as the Alliance in early years and the Barisan Nasional in later years comprises the United Malaysian National Organisation (UMNO), their Chinese and Indian partners, and a number of small (and weak) political parties. Despite UMNOs role as the leader of this ostensibly multi-ethnic coalition, it is frequently at the forefront of communal politicking.5 Riots in Kuala Lumpur, the nations capital city, and elsewhere in 1969 mark a low in communal relations. Coinciding with other parts of the Muslim world, the 1970s saw the re-assertion of Islamic thought in Malaysia. Islamic institutions such as the Bank Islam and the International Islamic University were set up in 1983. From time to time calls by the opposition Partai Islam (PAS) for the setting of an Islamic state are heard. Through an analysis of the ISA the paper shows how executive acts have cast a pall over all of the human rights mentioned in the Constitution. This paper refers to the original purpose of the ISA and contrasts this with the characterisation of present detainees. It outlines the legislative scheme and examines the lack of safeguards within the Act. This paper concludes that the ISA is unlikely to be repealed, although this Act is now unacceptable to many groups within Malaysia. Until informed debate takes place to resolve old and new tensions within this pluralist society, the observation of human rights will continue to be superficial as will be the practice of constitutionalism.
Open Access
Ethnic minority citizenship and the Japanese Constitution
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Kang, Sangjung
[Conclusion]: Thus ethnic minorities in Japan remain like pariahs lacking what Arendt calls a public life, and are therefore denied any footing in the human world. How can one possibly find a way out of this situation in which so many people lack even the basic human condition and are without publicly secured human relations in general? It could be said that an infringement of human rights occurs not only when at least one of the rights listed as a human right is violated, but also when people lose their footing in the human world. If this is so, it will be necessary to create a more open public sphere in order to guarantee human rights. As a first step, the rights of citizenship must be made more accessible by having them accrue not only to a single exclusive state community, but also to multiple communities. In concrete terms, this means the establishment of a system and form of citizenship which positively guarantees plural nationalities (i.e. the possession of more than one nationality by a single individual). In order to make this possible, there must be a regional order in Northeast Asia, in which more than one state community can share the principle of national sovereignty. Korea and Japan would form the initial core of such a regional order. Exactly how this can be achieved and what form it should take are matters for investigation henceforth.
Open Access
The Australian Constitution and human rights: a centenary view
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Williams, George
Over the course of a century, Australia has developed into a prosperous nation and one of the oldest continuous democracies in the world. The Australian Constitution has played an important role in this. Since 1901, it has withstood crises and the passage of time to produce an effective foundation for economic, social and cultural development and has fostered a stable democracy responsive to and representative of the people. The important role played by the Constitution is perhaps only apparent when our experience as a nation is compared to that of other nations, such as Fiji, where the lack of a stable legal system has led to social and economic discord. A century is a remarkably long time for any framework of government to endure largely unchanged. This achievement actually says more about the character and cultural values of the Australian people than it does about the text of the Constitution itself. Despite a long standing distrust of and alienation from politicians and politics, Australians generally continue to demonstrate a high degree of respect for their public institutions, such as the High Court, and for the rule of law. Public support for the constitutional structure should not be taken for granted. It requires an ongoing political commitment to ensuring that the Constitution enables and remains relevant to the realisation of national aspirations and goals. One hundred years ago, the drafters of the Constitution recognised this. They included in the Constitution a mechanism that would enable the Australian people, in partnership with the Federal Parliament, to reform and update the Constitution. The idea of constitutional reform is thus one that is entirely consistent with the original conception of the Constitution. Under section 128 of the Constitution, an amendment to the Constitution must be: passed by an absolute majority of both Houses of the Federal Parliament, or by one House twice; and at a referendum, passed by a majority of the people as a whole, and by a majority of the people in a majority of the states. This process has been invoked 44 times, with only eight proposals succeeding at a referendum. None of the eight changes was a major revision of the text of the Constitution. Some of the changes have, however, been of political importance. Two stand out. The 1928 referendum added a new section 105A to the Constitution, which is economically significant in enabling the Commonwealth to make agreements with the States to take over their debts. The 1967 referendum extended the federal Parliaments races power to Indigenous peoples and deleted the discriminatory section 127. None of the amendments since 1967 were of any great importance. In 1977, the Constitution amended to, amongst other things, set a retirement age of 70 years for High Court judges. The Constitution has not been amended according to the vision of its founders to reflect contemporary needs. Hence, it stands much as it did when it came into force in 1901 and continues to reflect the aspirations and values of the framers who drafted it in the 1890s.
Open Access
Post-conflict human rights and their constitutional implications: the Cambodian experience over the last ten years
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Lao, Mong Hay
Not available
Open Access
Constitutions & human rights in a global age: an Asia-Pacific perspective. Conference papers.
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Constitutions and Human Rights in a Global Age: an Asia Pacific perspective Symposium; Morris-Suzuki, Tessa
In the modern world, the constitutions of nation states have come to be seen as the key guarantors of human rights. During the nineteenth and twentieth centuries the national constitution became the basis of the political order in most countries around the world. The extent to which the constitution provides effective protection for the rights of citizens has thus become a major determinant of the political life of nations, including the nations of the Asia-Pacific region. (First paragraph of introduction).
Open Access
Indigenous rights and the Australian Constitution - a litmus test for democracy
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Behrendt, Larissa
Indigenous people are often seen as being the special situation in Australia and in discourse about law, in particular the Constitution, we tend to be treated as a special case. It is yes that we are in a unique position in Australian society given that we are the original owners of Australia. It is yes that issues of colonisation, dispossession and the implementation of assimilationist policies continue to place Indigenous people on the periphery. This special category approach to Indigenous rights overlooks the very important and central role that Indigenous people can play in assessing the performance of our Constitution. I argue that, as the poorest socioeconomic group in Australia, and the most marginalised cultural group, Indigenous people become the litmus test of whether the Constitution and the system of governance that it sets up works. To put this test of democratic standards another wayif our laws and institutions fail the most vulnerable sector of our society, how effective are they? This is the question we need to ask ourselves when we look at issues of human rights protection under the Constitution.
Open Access
Constitution and human rights provisions in Indonesia: an unfinished task in the transtitional process
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Susanti, Bivitri
Indonesia is now facing the important moment of constructing a new foundation in a transitional period. After the fall of the New Order regime, there have been efforts in bringing Indonesia through the period of transition to democracy. One of the efforts is to reform the 1945 Constitution. Until now, the Peoples Consultative Assembly (Majelis Permusyawaratan Rakyat, MPR) has promulgated three amendments consisting of 103 new/amended provisions. From the fact that there are three amendments, one may form the opinion that the reform started in 1998 has been going well in terms of constitutional reform. There are, however, certain issues beyond the quantity of the articles and the legality of the process. Can the amended articles meet the need of democratisation? What are the implications of the inserted new articles to human rights and the political system? Has civil society genuinely participated in the process? Having reviewed the way in which the MPR performed the process, does the MPR have full legitimacy to reform the constitution? I will address the issues while referring to human rights provisions in the constitution. In addition, because I am here in my capacity as an NGO personnel who has been involved closely with the civil society movement advocating a New Constitution through Constitution Commission, I will also particularly elaborate that issue in outlining the present state of constitutional debate in Indonesia. It is that capacity too, that places me in the position of merely describing what is happening in Indonesia, and not analysing it from the theoretical point of view.
Open Access
Constitutional politics in contemporary Japan
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Sugita, Atsushi
The Japanese constitution is now at a turning point. Today, first I would like to explain the two major political attitudes toward the constitution. After making clear why and how these attitudes have been developed, I will point out that each of these attitudes has its own contradiction and dilemma within it. Then I will tell you something about my own way of thinking about the constitution. We should think about the constitution within a broader context of politics, rather than sticking to the constitution as a written national law.
Open Access
Recognising a reinvented constitution
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Ramanathan, Usha
The text of the Indian Constitution remains largely unchanged; it is the context that has changed. Liberalisation, globalisation and the expanded connotations given to 'terrorism' have altered the conception of human rights. They have also set rights in conflict. And a lexical prioritising of rights has come into being. This lexical priority is propositioned on malleable concepts that include: --the interests of national security --public purpose --the public interest and, increasingly, the market.
Open Access
Ethnic Chinese in Indonesia: would it be better?
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Winarta, Frans Hendra
The New Order regime under Soeharto, after the abortive communist coup on 30 September 1965, promoted anti-Chinese politics in which minority ethnic Chinese were not given opportunities for political-expression. They were only allowed to be active in the business sector, so they became an exclusive group segregated from indigenous Indonesians. They were coerced into a situation similar to what they experienced in the Dutch Colonial era. The New Order implemented a policy akin to that in the Dutch Colonial era, which policy divided all persons living in Indonesia into one of the three groups, namely (i) Europeans; (ii) the Foreign Orientals, particularly, the ethnic Chinese; and (iii) Indigenous Indonesians. The laws and regulations introduced by the New Order curtailing the civil and political rights of the ethnic Chinese were not only in the form of presidential instructions but also circulated in letters from the Cabinet and ministerial decrees.For more than three decades, the New Order created antagonism and conflict between indigenous (pribumi) and non-indigenous people (non-pribumi). The ethnic Chinese connection with the power elite even made it worse, and caused anger among indigenous businessman who did not enjoy those benefits. Finally, linked to the economic downturn resulting from the 1997 currency crisis, the conflict culminated and burst into the holocaust of the May 1998 riots, in which more than 1,200 people were reported killed and more than 160 women were gang-raped. Regardless of their mistakes, if any, in dominating the economythe conglomerates created extremely high social envy among indigenous Indonesiansthe minority ethnic Chinese did not deserve to be slaughtered and gang-raped. Furthermore, the violation of the right to life, right to property and right to liberty is a serious violation of very basic human rights. The May 1998 riots were inhuman and disrespectful of the human rights of those ethnic Chinese. The protection of a citizens life is basically the responsibility of the state, and a right guaranteed in the Indonesian 1945 Constitution. According to the preamble of the 1945 Constitution, the state is obliged to protect every citizen, regardless of his ethnicity, socio-economic strata, religious back-ground and political stance. However, as frequently debated, the 1945 Constitution is not sufficient to protect and uphold human rights, particularly, those of the minority ethnic Chinese. Not to mention that the 1945 Constitution itself stipulates that the president of the Republic of Indonesia must be an indigenous Indonesian. In this paper I will try to discuss how the Indonesian 1945 Constitution promotes and encourages respect for human rights visavis constitutional rights and fundamental freedoms of the Indonesian ethnic minority, particularly ethnic Chinese. Is the recent Second Amendment to the 1945 Constitution, which adds new Chapter XA on Human Rights, sufficient to cover those human rights protection and fundamental freedoms? Do the discriminative laws and regulations still exist in the amended 1945.
Open Access
Democratization in Korea and its influence on the Constitution
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Park, Won Soon
[Conclusion]: Political parties have disputes over the presidential system and the parliamentary system according to their gains from each. Political power whose stronghold is mainly from a certain region espouses a parliamentary government system because the presidential system can ensure nothing for them unless they become president. It shows that politicians can take advantage of the Constitution and political system for their own gains. People and civil organizations that do not have interests in the matter also ask for revision. Items to be revised are as follows. 1. Insertion of the concept of Participatory Democracy into the Prelude of the Constitution. 2. Voting rights should be expanded to the age of 18 3. Introduction of a Public Hearing system on the Occasion of Confirmation of high-ranking public servants 4. The Prosecutor General's duty of being present in Parliament and duty to answer questions There is no contingency for Koreans to suffer from a military coup in Korea any longer. Democratic changes of regimes between ruling and opposition party have been made. The president is allowed for only a single term and there is no possibility of long-term reign. Therefore the possibility for power abuse has been greatly reduced. However, in the same way as Rome was not built in a day, the Korean people have a long way to go to achieve high quality democracy. And it cant be achieved for free without paying the price of struggle.
Open Access
The search for order: constitutions and human rights in Thai political history
(Research School of Pacific and Asian Studies, Division of Pacific and Asia History, The Australian National University., 2001) Thanet, Aphornsuvan
In conclusion, it can be seen that the significance of the constitution in Thai political history and government is its function to serve the stability of the regime. In this sense, the Thai constitutions represented realities of power relations more than being the source of political legitimacy. The 1997 Constitution, however, intends to introduce a change from representative democracy to participatory democracy. This can be seen in the establishment of the independent commissions such as the Election Commission, the Administrative Court and the Ombudsman. Peoples power is recognized so that they can recall certain members of Parliament and ministers and propose draft bills to Parliament. Individual rights and liberties are expanded together with communal rights. The principles and practices of checks and balances and the separation of powers figure prominently in the Constitution. The 1997 Constitution therefore makes clear that sovereign power belongs to the people and only the people can legitimately use this power.